- 36 - which evidences Harry Kayian, Sr.'s consistent intent to evade payment of taxes over a period of years con- cluding with the [initial] transfer on August 16, 1992 [sic]. As early as 1986, years prior to the transfer, Harry Kayian, Sr. had decided not to pay his income taxes and to take any affirmative steps necessary to evade such payment, including hiding assets, lying to his return-preparer and to the government and preparing and executing false financial statements under oath, for submission to the government and to the courts. * * * The [initial] transfer on August 16, 1992 [sic], was one more step in furtherance of and consistent with Harry Kayian, Sr.'s intent to evade payment of his taxes. Petitioners have not shown that Harry Kayian, Sr.'s "sole intention" in effecting the subject trans- fers was to provide a legacy for his heirs. Even if Harry Kayian, Sr. had made the transfers with a desire to provide a legacy for his heirs, such an intention is consistent with the proof in this case [sic] of his actual intent to hinder, delay, or defraud the gov- ernment's attempts to collect the transferred property to satisfy his tax liabilities and, [sic] does not negate the proof of such intent to hinder, delay, or defraud. Cf. United States v. Southland Corp., 760 F.2d 1366, 1373 (2d Cir.), cert. denied, 474 U.S. 825 (1985) (citation omitted) (in the context of criminal intent to defraud the government, one cannot escape liability by showing that the intent to defraud "was merely incidental to some other action which consti- tuted the primary motivation"). To support their position about Mr. Kayian, Sr.'s intent in making the initial transfer, petitioners rely on the testimony of Ms. Livingston and Mr. Kayian, Jr. Based on the record in these cases and our observation of those witnesses, we believe that there are ill feelings and an adversarial relationship between Ms. Livingston and Mr. Kayian, Jr. We have serious reservations about the reliability of material aspects of the testimony of Ms. Livingston and the testimony of Mr. Kayian, Jr., and we shall notPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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